Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... the ground averred in the appeals that appointment of authorized surveyor under section 64 um(1) of insurance act is a lame excuse on the part of respondent/insurance company, though the insurance company was intimated prior to submitting the insurance claim about the loss on account of shortage on receipt of the chemicals at ports of destination referred ..... did not recommend for reimbursement of any loss and, reported that claim as not payable since attracts provision of exclusion of policy clause no.4. (ii) the contention of the respondent/insurance company is that such a loss/shortage about the shipment are required to be intimated immediately under the policy terms and conditions, or date ..... 2006 and appellant appointed m/s.sgs india pvt.ltd. as surveyor, who carried out the survey of consignment received and noticed that there is shortage of 4.685 m.t. of the chemical and within the permissible limit of shortage of 0.25% of the total chemical, shipped quantity actual shortage worked out .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... being found false. in the proposal form at page 4 pertaining to medical details, the deceased life assured had purposefully concealed the existence of disease and answered the questions in negative. it contended that on the basis of section 45 of insurance act, 1938 and clause 8(3) of irda, 2002, it conducted investigation and came to know that ..... the deceased life assured suffered from dilated cardio myopathy and severe l.v. dysfunction and was discharged on 02-8-2005 i.e. prior to the proposal and that the insurance contract is a contract based ..... and hospitalization in the proposal form under questions 54(a) and 54 (s) as under which are material in issue as per terms of section 45 of the insurance act, 1935. 54 a. chest pain, high blood pressure, raised cholesterol, stroke heart attack, heart murmur, other heart/blood vessel disorderno54 b----54 c-------------54 s have .....
Tag this Judgment!Court : Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula
..... anr, ii (2010) cpj 1 (sc) has held as under:- .there is no disputing the fact that the surveyor/surveyors are appointed by the insurance company under the provisions of insurance act and their reports are to be given due importance and one should have sufficient grounds not to agree with the assessment made by them. we also add, that ..... 00 lacs for building-super structure, rs.20.00 lacs for plant machinery and accessories and rs.20.00 lacs for stock and stocks in process). in the insurance policy, there was clause 4, that is, reinstatement of value policy clause. 2. on january 5th, 2013, at about 3.30 a.m. fire took place in the premises of ..... by harpal and associates that the useful life of the building was reduced to 50% approximately. the photographs taken on the spot are exhibit c-44 (25 photographs). 4. the grievance of the complainant is that the surveyor has wrongly assessed the loss and applied method of deduction of depreciation wrongly and illegally. 5. the complainant filed .....
Tag this Judgment!Court : SCDRC
..... anr, ii (2010) cpj 1 (sc) has held as under:- .there is no disputing the fact that the surveyor/surveyors are appointed by the insurance company under the provisions of insurance act and their reports are to be given due importance and one should have sufficient grounds not to agree with the assessment made by them. we also add, that ..... 00 lacs for building-super structure, rs.20.00 lacs for plant machinery and accessories and rs.20.00 lacs for stock and stocks in process). in the insurance policy, there was clause 4, that is, reinstatement of value policy clause. 2. on january 5th, 2013, at about 3.30 a.m. fire took place in the premises of ..... by harpal and associates that the useful life of the building was reduced to 50% approximately. the photographs taken on the spot are exhibit c-44 (25 photographs). 4. the grievance of the complainant is that the surveyor has wrongly assessed the loss and applied method of deduction of depreciation wrongly and illegally. 5. the complainant filed .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... best known appointed another surveyor d. brahmaiah contrary to section 64um of the insurance act, 1938. it did not take permission from the insurance regulating development authority. 12. the national commission in a decision reported in iv (2008) cpj 76 (nc), saraf associated v. oriental insurance co. ltd. and anr., held that second surveyor could be appointed only ..... with the permission of authority. it may also be mentioned that in case if one goes by the provisions of the sub-section (3), section 64um of the insurance act, 1938, the 2nd ..... not entitled to any compensation, and therefore, prayed that the complaint be dismissed. 4. the complainant in proof of his case filed his affidavit evidence and got the documents marked as exs. a.1 to a.5, while the insurance company filed the affidavit evidence of its manager and got the documents marked as exs .....
Tag this Judgment!Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
..... proposal on the ground that the cheque issued is a third party cheque and that the same is in violation of section 64 (v)(b) of the insurance act. the complainant had not received any previous intimation although the proposal and the premium amount were entrusted with the second opposite party on 10-04-2003. the ..... cheque had not been produced. as per section 64(v)(b) clause iv of the insurance act which is provided that where any insurance agent collects a premium on a policy of insurance on behalf of an insurer, he shall deposit with, or dispatch by post to, the insurer, the premium so collected in full without deduction of his commission within 24 ..... the first opposite party. the complainant is yet to pay the amount incurred by the second opposite party. it is also pointed out that the insurer had accepted the cheque and acted upon, as the proposal was not rejected. moreover, in several earlier occasions the agents cheques were accepted by the first opposite party in similar situations .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
..... of material fact came up for consideration before the apex court in air 1962 sc 814, mithoolal nayak v. life insurance corporation of india. no doubt that was with regard to the section 45 of the insurance act, 1938. the supreme court pointed out that there must be three conditions from which an inference can be drawn regarding suppression of ..... that there have been concealment of material facts in the proposal. district forum did not accept this contention and accordingly the claim was allowed as indicated above. hence, this appeal. 4. we have heard mr. s.s. sharma, advocate for the appellant and mr. p.c. borpujari, advocate for the respondent. mr. sharma relied on iii (1996) cpj ..... of pain confined to right hypochondrium with radiation to the back. (iii) detected to be a diabetic on this visit and being treated by dr. v. seshaiah. (iv) history of having suffered from left pleura effusion and was on a.t.t. for 7 months. 3. after doing this operation the complainant made a claim before the .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... the conditions in the policy copy ex.b1 i.e. imt.28 and 39 it is clear that the employer/insured should satisfy the claims under workmen compensation act and then approach insurer by way of reimbursement. the district forum relied on section 4 of policy ex.b1 and has awarded rs.2 lakhs and this actually falls under owner cum driver wherein the ..... the case of the appellants/opposite parties that there is no statutory liability on the insurance company and that the statutory liability is under workmen compensation act and it is on the employer and the policy is a matter of contract between the insurance company and the insured. section 4 of the policy (ex.b1) under the heading of the personal accident coverage for owner .....
Tag this Judgment!Court : Meghalaya State Consumer Disputes Redressal Commission SCDRC Shillong
..... to give satisfactory reasons for not accepting the report of the first surveyor and the need to appoint second surveyor. 23) section 64 um(2) of the insurance act, 1938, reads that no claim in respect of a loss which has occurred in india and requiring to be paid or settled in india equal to or exceeding twenty ..... in the said policy is justified or is it in accordance with the terms and conditions of the insurance policy (iv) whether the loss sustained in the accident by the complainant is proper and legitimate in nature (v) whether the opposite party (insurance company) is duty bound to make payment as per the scheme of the policy and as per ..... in submitting the reports by the surveyor. however, the surveyor found some discrepancies in the documents submitted by the complainant. this has some relevance to suggested issue no (iv) and that is why the surveyor re assessed the loss and submitted a revised final report. they have accepted the surveyors revised assessment of loss at rs. 6,61 .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... precautions there is no medical negligence on his behalf and even if there are any fault and liability which has to be borne by the insurance company which is opposite party no. 5. 4. opposite party no. 4 filed written version admitting the surgery on 5.7.2000 for removal of the inserted plates from the right leg. he submits that opposite ..... asserts it. in medical negligence cases therefore it is for the patient to establish his claim against the medical man and not for the medical man to prove that he acted with sufficient care and skill. it is by means of evidence of course the patient will seek to establish his claim, but the evidence may take several different forms...... ..... loquitur applied, and the onus lay on the hospital authority to prove that there had been no negligence on its part or on the part of any one for whose acts or omission it was liable, and that onus had not been discharged. 17. keeping in view the aforementioned judgments, we hold that both the hospital and the doctor, .....
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